English
EspañolIf a custody order is already in place, how can I get it changed?
Once an order has been entered, either parent can file a motion asking the court to change (modify) the order at any time.1 Although CNMI laws do not specifically say what the judge should consider when making a decision, many CNMI court cases (“caselaw”) have required proof that there has been a substantial change of circumstances since the original order was issued.2
Here are a few examples of events that might be considered substantial changes of circumstances:
- The other parent gets sent to jail or charged with child abuse or neglect;
- You or the other parent want to move to another state or territory; or
- Your child’s needs have changed in a big way.
If you can prove that the other parent has committed an act of domestic or family violence since the order was entered, that would also be considered a change of circumstances.3
1 8 CMC §§ 1311; 1718
2 See Villagomez v. Villagomez, Civil No. 99-0004 (NMI Super. Ct. May 23, 2001)
3 8 CMC § 1934
